The family of the late Uasin Gishu tycoon Jan Chris Esselink has moved to court, suing their lawyer, Law Society of Kenya (LSK) North Rift chapter chairman Henry Kenei, over Sh25 million that they claim has been withheld by Kenei.
Led by the late Esselink’s son, Bill Esselink, the family of three siblings wants the High Court in Eldoret to compel Kenei to account for Sh25 million—an amount that was withdrawn from their father’s estate and is in his possession.
Kenei had successfully arbitrated the family's Sh150 million succession case. However, the tussle stems from Sh30 million that came into the lawyer’s possession on behalf of the deceased’s family following an order issued by the court for the money to be withdrawn from a bank in Eldoret City.
While presiding over succession cause number 66 of 2022, the then Presiding Judge Eric Ogola directed that the money be withdrawn to defray expenses of the multi-million-shilling estate of the deceased and, besides, safeguard his children’s livelihood after the accounts were frozen pending hearing and completion of the matter.
The order to withdraw the money was issued on September 20, 2022, by Justice Ogola, who is currently the Principal Judge of the High Court of Kenya.
“Beneficiaries of the estate of the late Jan Chris Esselink are hereby allowed to access a sum of Sh30m to be utilized to defray the expenses of the estate and to safeguard their livelihood,” reads part of Justice Ogola's order.
Keep Reading
Deputy Registrar of Eldoret High Court, Justice Ogola, further directed the Branch Manager of Stanbic Bank, Eldoret Branch, to release a sum of Sh30m to the petitioners/applicants through their advocate, M/s Kenei and Associates, from the deceased’s bank account within seven days from the date of service of the order.
The family claims that upon release of the said money, Sh5 million was used for the intended purpose and the balance was held by lawyer Kenei under what they termed as unclear circumstances.
They claimed that the refusal by the lawyer to release the Sh25 million has caused them undue financial constraint as they pleaded with the court to compel him to hand over the money to the family.
The family, through Jackline Chemutai John, who is the daughter of the deceased, and her brother Bill Esselink, have filed an application seeking orders for the money in the possession of Kenei to be released to the firms of Terer Kibii and Company Advocates, together with the firm of Y. Jeruto, to be utilized with the consent of both parties.
In his defence, lawyer Kenei insisted that the family is yet to pay his firm legal fees in the succession matter, among other taxable charges.
“The petitioners have to clear my legal fees arising from the services I rendered to them during the hearing and determination of their succession case in court,” said Kenei.
Kenei also demanded that the family withdraw a case they lodged against him with the National Police Service through the Directorate of Criminal Investigations (DCI) in relation to the said money before he can engage them for an amicable solution.
During the completion of the succession case, the Presiding Judge, Reuben Nyakundi, ordered the said Sh25 million to be recovered and shared equally among the siblings.
Justice Nyakundi further directed the firm of Kenei to be at liberty to negotiate their bill of costs for assessment.
When the family appeared before the judge yesterday, they brought to his attention that his order was yet to be implemented by the lawyer.
Justice Nyakundi regretted that the issue was evolving, yet he had completed the main cause of succession, where all parties were satisfied with the entire process.
Responding to the family’s plea, Justice Nyakundi, who exonerated himself from blame over the raging tussle, directed the matter to be mentioned before Justice Emily Ominde for further directions.
The case will be mentioned on May 13.